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9th Cir. Holds Mortgagee May Challenge HOA Foreclosure Sale That Violates Bankruptcy Automatic Stay

The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order granting summary judgment in favor of the buyer at a homeowners association’s non-judicial foreclosure sale that was conducted in violation of the automatic stay in the borrower's bankruptcy, and against a mortgagee whose interest in the foreclosed property would have been extinguished. 

Illinois App. Court (3rd Dist) Holds Foreclosure Not Barred by Mortgagee’s Summary Judgment Loss in Prior Foreclosure

The Appellate Court of Illinois, Third District, recently affirmed a foreclosure judgment rendered in favor of a mortgagee over claims by the homeowners that the action was barred by the doctrine of res judicata as a result of a prior foreclosure action wherein summary judgment was entered in the homeowners’ favor.